EPA v. MASON ROAD UNILATERAL ADMIN ORDER (CERCLA)

Case summary

THIS ORDER PERTAINS TO PROPERTY LOCATED AT THE MASON CITY SCHOOL BOARD OWNED PROPERTY AT 4631 HICKORY WOODS DRIVE, CITY OF MASON, WARREN COUNTY, OHIO. THIS ORDER REQUIRES THE RESPONDENT TO CONDUCT REMOVAL ACTIVITIES TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE. THE PROPERTY CONSISTS OF APPROXIMATELY 48 ACRES OF UNDEVELOPED LAND. ON APRIL 14, 1999, THE BOARD OF EDUCATION OF MASON CITY SCHOOL DISTRICT PURCHASED THE LAND FROM HAROLD HOSEA, AND WAS ADVISED BY THE PRIOR USE OF THE PROPERTY TO HAVE TRAP SHOOTING BY THE PRIOR OWNER AND HIS INDIVIDUAL GUESTS AT THIS PROPERTY. IN THE SPRING OF 2004, THE SCHOOL BOARD HIRED SRW ENVIRONMENTAL TO CONDUCT ENVIRONMENTAL SAMPLING AT THE PROPERTY. RESULTS FROM THE SRW SAMPLING INDICATE THAT AT LEAST SOME AREAS WITHIN THE FALL ZONE ARE IMPACTED BY LEAD SHOT AT LEVELS THAT EXCEED 400 PPM OF LEAD. THE HIGHEST LEVEL OF LEAD DETECTED IN A SOIL SAMPLE WAS 1,500 PPM. THE ESTIMATED VOLUME OF IMPACTED SOILS AT THE SITE REQUIRING REMOVAL (>400 PPM TOTAL LEAD) IS ANTICIPATED TO BE APPROXIMATELY 100 CUBIC YARDS (APPROXIMATELY 1,500 TONS). BASED UPON THE FOREGOING FINDINGS OF FACT, U.S. EPA HEREBY ORDERS THAT RESPONDENT TO PERFORM REMOVAL ACTIONS. RESPONDENT SHALL REIMBURSE U.S. EPA, UPON WRITTEN DEMAND, FOR ALL RESPONSE COSTS INCURRED BY THE UNITED STATES IN OVERSEEING RESPONDENT'S IMPLEMENTATION OF THE REQUIREMENTS OF THIS ORDER. VIOLATION OF ANY PROVISION OF THIS ORDER MAY SUBJECT RESPONDENT TO CIVIL PENALTIES OF UP TO $32,500 PER VIOLATION PER DAY.

Defendants (1)

• BOARD OF EDUCATION OF MASON CITY SCHOOL DISTRICTNamed in settlement

Facilities (1)

• MASON ROAD LEAD SITE

  4631 HICKORY WOODS DRIVE, MASON, OH, 45040

  Registry ID: 110017945410

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MASON ROAD UNILATERAL ADMIN ORDER (CERCLA)entered 2004-12-01

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-12-01Final Order Issued
• 2004-12-17Enforcement Action Data Entered